Promulgation of National Laws (No. 2) 1997, Cap 1555

WHEREAS Article 18 of the Basic Law of the Hong Kong Special Administrative Region provides that the national laws listed in Annex III thereto shall be applied locally by way of promulgation or legislation by the Region and that the Standing Committee of the National People's Congress may add to or delete from the list of laws in Annex III after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region and the government of the region.

AND WHEREAS at its Twenty Sixth meeting on 1 July, 1997, the Standing Committee of the National People's Congress, after consultation with the Committee for Basic Law and the Government of the Hong Kong Special Administrative Region, resolved to add the following national laws to the list of laws in Annex III to the Basic Law-

1.Law of the People's Republic of China on the National Flag;

2.Law of he People's Republic of China on the National Emblem;

3.Law of People's Republic of China on the Territorial Sea and the Contiguous Zone;

4.Law of the People's Republic of China on the Garrisoning of the Hong Kong Special Administrative Region; and

5.Regulations of the People's Republic of China concerning Consular Privileges and Immunities.

Now THEREFORE I, TUNG Chee-hwa, the Chief executive of the Hong Kong Special Administrative Region give notice that the national laws as set out in the Schedules shall apply, on and from 1 July 1997, in the Hong Kong Special Administrative Region.

Schedule: 1
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE

(Adopted at the 24^th Meeting of the Standing Committee of the Seventh National People's Congress on February 25, 1992, People's Republic promulgated by Order No. 55 of the President of the People's Republic of China on February 25, 1992, and effective as of the same date)

Article 1

This Law is enacted for the People's Republic of China to exercise its sovereignty over its territorial sea and the control over its contiguous zone, and to safeguard its national security and its maritime rights and interests.

Article 2

The territorial sea of the People's Republic of China is the sea belt adjacent to land territory and the internal waters of the People's Republic of China.

The land territory of the People's Republic of China includes the mainland of the People's Republic of china and its coastal islands; Taiwan and all islands appertaining thereto including the Diaoyu lslands; the Penghu lslands; the Dongsha lslands; the Xisha lslands; the Zhongsha lslands and the Nansha lslands; as well as all the other islands belonging to the People's Republic of China.

The waters on the landward side of the baselines of the territorial sea of the People's Republic of China constitute the internal waters of the People's Republic of China.

Article 3

The breadth of the territorial sea of the People's Republic of China is twelve nautical miles, measured from the baselines of the territorial sea.

The method of straight baselines composed of all the straight lines joining the adjacent base points shall be employed drawing the baselines of the territorial sea of the People's Republic of China.

The outer limit of the territorial sea of the People's Republic of China is the line every point of which is at a distance equal to twelve nautical miles from the nearest point of the baseline of the territorial sea.

Article 4

The contiguous zone of the People's Republic of China is the sea belt adjacent to and beyond the territorial sea. The breadth of the contiguous zone is twelve nautical miles.

The outer limit of the contiguous zone of the People's Republic of China is the line every point of which is at a distance equal to twenty-four nautical miles from the nearest point of the baseline of the territorial sea.

Article 5

The sovereignty of the People's Republic of China over its territorial sea extends to the air space over the territorial sea as well as to the bed and subsoil of the territorial sea.

Article 6

Foreign ships for non-military purposes shall enjoy the right of innocent passage through the territorial sea of the People's Republic of China in accordance with the law.

Foreign ships for military purposes shall be subject to approval by the Government of the People's Republic of China for entering the territorial sea of the People's Republic of China.

Article 7

Foreign submarines and other underwater vehicles, when passing through the territorial sea of the People's Republic of China, shall navigate on the surface and show their flag.

Article 8

Foreign ships passing through the territorial sea of the People's Republic of China must comply with the laws and regulations of the People's Republic of China and shall not be prejudicial to the peace, security and good order of the People's Republic of China.

Foreign nuclear-powered ships and ships carrying nuclear, noxious or other dangerous substances, when passing though the territorial sea of the People's Republic of China, must carry relevant documents and take special precautionary measures.

The Government of the People's Republic of China has the right to take all necessary measures to prevent and stop non-innocent passage through its territorial sea.

Cases of foreign ships violating the laws or regulations of the People's Republic of China shall be handled by the relevant organs of the People's Republic of China in accordance with the law.

Article 9

The Government of the People's Republic of China may, for maintaining the safety of navigation or for other special needs, request foreign ships passing though the territorial sea of the People's Republic of China to use the designated sea lanes or to navigate according to the prescribed traffic separation schemes. The specific regulations to this effect shall be promulgated by the Government of the People's Republic of China or its competent authorities concerned.

Article 10

In the case of violation of the laws or regulations of the People's Republic of China by a foreign ship for military purposes or a foreign government ship for non-commercial purposes when passing through the territorial sea of the People's Republic of China, the competent authorities of the People's Republic of China shall have the right to order it to leave the territorial sea immediately and the flag State shall bear international responsibility for any loss or damage thus causes.

Article 11

All international organizations, foreign organizations or individuals shall obtain approval from the Government of the People's Republic of China for carrying out scientific research, marine operations or other activities in the territorial sea of the People's Republic of China, and shall comply with the laws and regulations of the People's Republic of China.

All illegal entries into the territorial sea of the People's Republic of China for carrying out scientific research, marine operations or other activities in contravention of the provisions of the preceding paragraph of this Article, shall be dealt with by the relevant organs of the People's Republic of China in accordance with the law.

Article 12

No aircraft of a foreign State may enter the air space over the territorial sea of the People's Republic of China unless there is a relevant protocol or agreement between the Government of that State and the Government of the People's Republic of China, or approval or acceptance by the Government of the People's Republic of China or the competent authorities authorized by it.

Article 13

The People's Republic of China has the right to exercise control in the contiguous zone to prevent and impose penalties for activities in fringing the laws or regulations concerning security, the customs, finance, sanitation or entry and exit control within its land territory, internal waters or territorial sea.

Article 14

The competent authorities concerned of the People's Republic of China may, when they have god reasons to believe that a foreign ship has violated the laws or regulations of the People's Republic of China, exercise the right of hot pursuit against the foreign ship.

Such pursuit shall be commenced when the foreign ship or one of its boats or other craft engaged in activities by using the ship pursued as a mother ship is within the internal waters, the territorial sea or the contiguous zone of the People's Republic of China.

If the foreign ship is within the contiguous zone of the People's Republic of China, the pursuit may be undertaken only when there has been a violation of he rights as provided for in the relevant laws or regulations listed in Article 13 of this Law.

The pursuit, if not interrupted, may be continued outside the territorial sea or the contiguous zone until the ship pursued enters the territorial sea of its own country or of a third State.

The right of hot pursuit provided for in this Article shall be exercised by ships or aircraft of the People's Republic of China for military purposes, or by ships or aircraft on government service authorized by the Government of the People's Republic of China.

Article 15

The baselines of the territorial sea of the People's Republic of China shall be promulgated by the Government of People's Republic of China.

Article 16

The Government of People's Republic of China formulates the relevant regulations in accordance with this Law.

Article 17

This Law shall come into force on the date of promulgation.

Remarks: The Government of the People's Republic of China has, pursuant to Article 15 of this Law, promulgated the baselines of the territorial sea of People's Republic of China. Please refer to the "Declaration of the Government of People's Republic of China on the baselines of the territorial sea of the People's Republic of China" promulgated by the State Council on 15 May 1996.

Schedule: 2
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE GARRISONING OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

(Adopted at the 23^rd Meeting of the Standing Committee of Eighth National People's Congress on December 30, 1996, promulgated by Order No. 80 of the president of the People's Republic of China on December 30, 1996, and effective as of July 1, 1997)

Chapter I
General Provisions

Article 1

This Law is enacted in accordance with the Constitution and the Basic Law of the Hong Kong Special Administrative Region to ensure the lawful performance of functions and responsibilities by the military forces stationed by the Central People's Government in the Hong Kong Special Administrative Region for defence, and to maintain the sovereignty, unity and territorial integrity of the State and the security of Hong Kong.

Article 2

The military forces stationed by the Central People's Government in the Hong Kong Special Administrative Region for defence shall be composed of forces from the Army, the Navy and the Air Force of the Chinese People's Liberation Army, and be designated as the Hong Kong Garrison of the Chinese People's Liberation Army (hereinafter referred to as the Hong Kong Garrison).

Article 3

The Hong Kong Garrison shall be subject to the direction of the Central Military Commission of the People's Republic of China. The number of its members shall be determined according to the need for the defence of the Hong Kong Special Administrative Region.

The Hong Kong Garrison shall practice a system of rotation of its members.

Article 4

Expenditure for the Hong Kong Garrison shall be borne by the Central People's Government.

Chapter II
Functions and Responsibilities of the Hong Kong Garrison

Article 5

The Hong Kong Garrison shall perform the following defence functions and responsibilities:

(1)preparing against and resisting aggression, and safeguarding the security of the Hong Kong Special Administrative Region;

(2)carrying out defence duties;

(3)controlling military facilities, and

(4)handling foreign-related military affairs.

Article 6

In the event that the Standing Committee of the National People's Congress decides to declare a state of war or, by reason of turmoil within the Hong Kong Special Administrative Region which endangers national unity or security and is beyond the control of the Government of Region, decides that the Region is in a state of emergency, the Hong Kong Garrison shall perform its duties in accordance with the provisions of the national laws that the Central People's Government decides to apply in the Region.

Article 7

No weapon and equipment, such as aircraft and vessels, and no material of the Hong Kong Garrison, and no member or vehicle of he Garrison that bears a certificate or a document of certification issued by the Hong Kong Garrison showing that the bearer is on official duty, shall be inspected, searched, seized or detained by any law-enforcing officer of the Hong Kong Special Administrative Region.

The Hong Kong Garrison and its members shall also enjoy other rights and immunities prescribed by the laws in force in the Hong Kong Special Administrative Region.

Article 8

Members of the Hong Kong Garrison may, in accordance with the provisions of he laws in force in the Hong Kong Special Administrative Region, take measures to stop any act which obstructs their performance of official duties.

Chapter III
Relationship between the Hong Kong Garrison and the Government of the Hong Kong Special Administrative Region.

Article 9

The Hong Kong Garrison shall not interfere in the local affairs f the Hong Kong Special Administrative Region.

Article 10

The Government of the Hong Kong Special Administrative Region shall support the Hong Kong Garrison in its performance of defence functions and responsibilities and guarantee the lawful rights and interests of the Hong Kong Garrison and its members.

The Hong Kong Special Administrative Region shall consult the Hong Kong Garrison when formulating any policy or drafting any legislation which concerns the Hong Kong Garrison.

Article 11

The Hong Kong Garrison shall notify in advance the Government of the Hong Kong Special Administrative Region of any military activities it is to conduct such as training exercises and manoeuvres which may affect the public interests of the Hong Kong Special Administrative Region.

Article 12

The Hong Kong Garrison and the Government of the Hong Kong Special Administrative Region shall jointly protect the military facilities within the Hong Kong Special Administrative Region.

The Hong Kong Garrison shall delimit military restricted zones in conjunction with the Government of he Hong Kong Special Administrative Region. The locations and boundaries of the military restricted zones shall be declared by the Government of the Hong Kong Special Administrative Region.

The Government of the Hong Kong Special Administrative Region shall assist the Hong Kong Garrison in maintaining the security of the military restricted zones.

Without permission of the Commander of the Hong Kong Garrison or other officers as he may authorize to give such permission, no person, vehicle, ship or aircraft other than the ones of the Hong Kong Garrison shall enter the military restricted zones. Guards of the military restricted zones shall have the right to stop according to law any unauthorized entry into any military restricted zone or any act which damages or endangers any military facilities.

The Hong Kong Garrison shall protect the natural resources, historical relics and monuments, and other non-military rights and interests within the military restricted zones in accordance with the laws of the Hong Kong Special Administrative Region.

Article 13

Any land used by the Hong Kong Garrison for military purposes, when approved by the Central People's Government to be no longer needed for defence purposes shall be turned over without compensation to the Government of the Hong Kong Special Administrative Region for disposal.

If the Government of the Hong Kong Special Administrative Region needs for public use any part of the land used or military purposes by the Hong Kong Garrison, it hall seek approval of the Central People's Government, where approval is obtained, the Government of the Hong Kong Special Administrative Region shall in return provide land and military facilities for the Hong Kong Garrison at such sites as agreed to by the Central People's Government, and shall bear all the expenses and costs entailed.

Article 14

Pursuant to the provisions of he Basic Law of the Hong Kong Special Administrative Region, the Government of he Hong Kong Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the Hong Kong Garrison in the maintenance of public order or in disaster relief.

After the request of government of the Hong Kong Special Administrative Region is approved by the Central People's Government, the Hong Kong Garrison shall call out troops in accordance with the order of the Central Military Commission to carry out tasks of assistance in the maintenance of public order or in disaster relief, and upon completion of the tasks, the troops shall return to their barracks immediately.

The troops of the Hong Kong Garrison who are called out to assist in the maintenance of public order or in disaster relief shall, under the arrangement of Government of the Hong Kong Special Administrative Region, be directed by the Commander of the Hong Kong Garrison or the officer authorized by him.

Members of the Hong Kong Garrison may exercise the powers conferred by the laws of the Hong Kong Special Administrative Region in the course of rendering assistance in the maintenance of public order or in disaster relief.

Article 15

The Hong Kong Garrison and the Government of the Hong Kong Special Administrative Region shall establish necessary liaison to deal with matters concerning the Hong Kong Garrison through consultation.

Chapter IV
Obligations of and Discipline for Members of the Hong Kong Garrison

Article 16

Members of the Hong Kong Garrison shall fulfill the following obligations

(1)to be loyal to their motherland, perform their functions and responsibilities, maintain the security, honour and interests of their motherland, and safeguard the security of Hong Kong;

(2)to abide by national laws and the laws of the Hong Kong Special Administrative Region, and observe military discipline;

(3)to respect the organs of political power, the social system and the ways of life of the Hong Kong Special Administrative Region;

(4)to cherish the public property of the Hong Kong Special Administrative Region and the private property of Hong Kong residents and other persons, and

(5)to observe public ethics and cultivate civility and courtesy.

Article 17

Members of the Hong Kong Garrison shall not join any political, religious or public organization in Hong Kong.

Article 18

The Hong Kong Garrison or its members shall not engage in any form of profit-making business activities. Members of he Hong Kong Garrison shall not engage in any other activity incompatible with their functions and responsibilities as servicemen.

Article 19

Any member of the Hong Kong Garrison who contravenes any national law or of the Hong Kong Special Administrative Region shall be investigated for legal responsibility according to law.

Any member of the Hong Garrison who breaches military discipline shall be subject to disciplinary sanction.

Chapter V
Judicial Jurisdiction over Members of the Hong Kong Garrison

Article 20

Criminal offence committed by members of he Hong Kong Garrison shall be under the jurisdiction of the military judicial organs, but acts committed by members of the Hong Kong Garrison, when not performing their official duties, in violation of the personal right or property right of Hong Kong residents or other persons not of the Hong Kong Garrison and other offences committed in violation of the laws of Hong Kong Special Administrative Region, which constitute crimes shall be subject to jurisdiction of the courts and the relevant law-enforcing organs of the Hong Kong Special Administrative Region.

The military judicial organ and the court or the relevant law-enforcing organ of the Hong Kong Special Administrative Region may transfer to the other party the criminal cases of members of the Hong Kong Garrison under their respective jurisdiction if they consider it to be more appropriate for the other party to exercise jurisdiction, provided that consensus is reached through consultation.

Hong Kong residents or other persons not of the Hong Kong Garrison involved as defendants in the criminal cases of members of the Hong Kong Garrison under the jurisdiction of the military judicial organs shall be tried by the courts of the Hong Kong Special Administrative Region.

Article 21

Any person who is lawfully arrested as a suspected offender by law-enforcing officers of the Hong Kong Special Administrative Region, once confirmed upon investigation to be a member of the Hong Kong Garrison, shall be handed over to the Hong Kong Garrison for custody. Jurisdiction over the case involving the person in custody shall be determined in accordance with the provisions in Article 20 of this Law.

Article 22

Any member of he Hong Kong Garrison sentenced by a court of the Hong Kong Special Administrative Region to criminal punishment which deprives him of or restricts his personal freedom shall be delivered for sentence enforcement according to the provisions of the laws of the Hong Kong Special Administrative Region, except for the case in which the place of sentence enforcement is determined otherwise by a relevant law-enforcing organ of the Hong Kong Special Administrative Region and the military judicial organ through consultation.

Article 23

Where any member of the Hong Kong Garrison, in contravention of the laws of he Hong Kong Special Administrative Region, infringes the civil rights of any Hong Kong Garrison, the parties concerned may seek settlement through consultation or mediation, if they are unwilling or fail to reach settlement through consultation or mediation, the infringed party may bring an action in the court. Cases of tort arising from acts committed by members of he Hong Kong Garrison when not performing their official duties shall be subject to the jurisdiction of the courts of the Hong Kong Special Administrative Region, cases of tort arising from acts committed by members of the Hong Kong Garrison when performing their official duties shall be subject to the jurisdiction of Supreme People's Court of the People's Republic of China, and compensation for any loss or injury incurred by acts of tort shall be governed by the laws of the Hong Kong Special Administrative Region.

Article 24

Where any contractual dispute arises within the Hong Kong Special Administrative Region between any organ or unit of the Hong Kong Garrison and any Hong Kong resident or other person not of the Hong Kong Garrison, the parties concerned may settle their dispute through consultation or mediation; if the parties are unwilling or fail to reach settlement through consultation or mediation, they may submit the dispute to the arbitration agency for arbitration in accordance with the arbitration clause contained in the contract or with a written arbitration agreement reached by the parties afterwards. If no arbitration clause is contained in the contract and no written arbitration agreement is reached afterwards, the parties may institute proceedings in a court of the Hong Kong Special Administrative Region, except that the parties agree otherwise as to the court for instituting proceedings.

Article 25

Certificates issued by the Hong Kong Garrison regarding facts such as identity of membership of the Hong Kong Garrison and acts in performance of official duties shall be valid evidence in proceedings in the courts of the Hong Kong Special Administrative Region, unless the contrary is proved.

Article 26

Acts of State, such as actions for defence taken by the Hong Kong Garrison, shall not be subject to the jurisdiction of courts of the Hong Kong Special Administrative Region.

Article 27

Organs or units of the Hong Kong Garrison shall comply with the judgments or orders issued by the courts of the Hong Kong Special Administrative Region concerning arrangement of their property, but the said courts shall not enforce judgments or orders on any weapon, equipment, material or other property of the Hong Kong Garrison.

Article 28

The military judicial organs may, through consultation, maintain juridical relations with the courts and the relevant law-enforcing organs of the Hong Kong Special Administrative Region, and they may render assistance to each other.

Chapter VI
Supplementary Provisions

Article 29

The power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress.

Article 30

This Law shall come into force as of July 1, 1997.

Schedule: 3
REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING CONSULAR PRIVILEGES AND IMMUNITIES

(Adopted at the 16^th Meeting of the Standing Committee of the Seventh National People's Congress on October 30, 1990, promulgated by Order No. 35 of the President of the People's Republic of China on October 30, 1990 and the effective as of the date of promulgation)

Article 1

The present Regulations are formulated for the purpose of defining the consular privileges and immunities of the foreign consular posts in China and their members and facilitating the efficient performance of the functions of such foreign consular posts in their consular districts as representatives of the sending States.

Article 2

Consular officers shall be of the nationality of the sending State. They may, only with the consent of the competent Chinese authorities, be appointed from among persons of the Chinese or third-state nationality or national of the sending State who are permanent residents of China. This consent may be withdrawn at any time by the said Chinese authorities.

Article 3

The consular post and its head shall have the right to use the national flag and emblem of the sending State on the premises of the consular post, on the residence of the head of the consular post and on his means of transport when used on official business.

Article 4

The premises of the consular post shall be inviolable. Chinese government functionaries may enter them only with the consent of the head of the consular post or the head of the diplomatic mission of the sending State or another person authorized by either of them. The consent of the head of the consular post may be assumed in case of fire or other disaster requiring prompt protective action. The Chinese authorities concerned shall take appropriate measures to protect the premises of the consular post against any intrusion or damage.

Article 5

The premises of the consular post and the residence of its head shall be exempt from dues and taxes other than such as represent payment for specific services rendered.

The fees and charges levied by the consular post in the course of its official duties shall be exempt form all dues and taxes.

Article 6

The archives and documents of the consular post shall be inviolable.

Article 7

The members of the consular post shall enjoy freedom of movement and travel within Chinese territory except for areas the entry into which is prohibited or restricted by the Regulations of the Chinese Government.

Article 8

The consular post may for official purposes communicate freely with the Government and the diplomatic mission and other consular posts of the sending State. In so doing, it may employ all appropriate means, including diplomatic couriers or consular couriers, diplomatic bag or consular bag, and messages in code or cipher.

Article 9

The consular post may install and use a wireless transmitter-receiver only with the consent of the Chinese Government. The import of the above-mentioned equipment shall be subject to the relevant procedure prescribed by the Chinese Government.

Article 10

The consular bag shall not be opened or detained.

The consular bag may contain only official correspondence and documents or articles intended for official use and must be sealed and bear visible external marks of its character. If the Chinese authorities concerned have serious reason to believed that the bag contains something other than the above-mentioned objects, they may request that the bag be opened in the presence of personnel from the Chinese authorities concerned by the consular officer or another person authorized by him. If this request is refused by the consular officer, the bag shall be returned to its place of origin.

Article 11

The consular courier must be of the nationality of the sending State and shall not be a permanent resident of China. The consular courier must be provided with a courier certificate issued by the competent authorities of the sending State. He shall enjoy personal inviolability and shall not be liable to arrest or detention.

Consular courier ad hoc must be provided with certificates of courier ad hoc issued by the competent authorities of the sending State, and shall enjoy the same immunities as the consular courier while charged with the carrying of the consular bag.

A consular bag may be entrusted to the captain of a commercial aircraft or a commercial ship. He must be provided with an official document issued by the consigner State indicating the number of packages constituting the bag, but he shall not be regarded as a consular courier. By arrangement with the competent authorities of the appropriate Chinese local people's government, the consular post may send its members to receive the consular bag from the captain of the aircraft or of the ship or deliver it to him.

Article 12

The person of a consular officer shall be inviolable. The Chinese authorities concerned shall take appropriate measures to prevent any attack on his personal freedom and dignity.

Consular officers shall not be liable to arrest or detention, except that the arrest or detention is executed in the case of a grave crime and by following legal procedures.

Consular officers shall not be committed to prison save in execution of a judicial decision of final effect.

Article 13

The residence of a consular officer shall be inviolable. His papers and correspondence shall be inviolable.

His property, except as provided in Article 14 of the present Regulations, shall be inviolable.

Article 14

Consular officers and members of the administrative and technical staff of the consular post shall enjoy immunity from judicial and administrative jurisdiction in respect of acts performed in the exercise of their functions. Immunity from jurisdiction of consular officers in respect of acts other than those performed in the exercise of their functions shall be accorded in accordance with bilateral treaties and agreements between China and other countries concerned or on the principle of reciprocity.

Immunity from judicial jurisdiction enjoyed by consular officers and members of the administrative or technical staff of the consular post shall not apply to any of the following civil actions:

(1)an action arising out of a contract not concluded expressly as an agent of the sending State:

(2)an action relating to private immovable property situated in the territory of China, unless they hold it as an agent of the sending State for the purposes of the consular post.

(3)an action relating to succession in which he is involved as a private person, or

(4)an action for damages arising from an accident in China caused by a vehicle, vessel or aircraft.

Article 15

Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings, but shall be under no obligation to give testimony concerning matters connected with the exercise of their functions. They are entitled to decline to give testimony as expert witnesses with regard to the law of the sending State. If consular officers should decline to give testimony, no coercive measure or penalty may be applied to them.

Members of the administrative or technical staff of the consular post and members of the service staff shall not decline to give testimony except in cases concerning matters connected with the exercise of their functions.

Article 16

The immunity from jurisdiction enjoyed by the persons concerned specified in the present Regulations may be waived through explicit expression by the Government of the sending State.

The initiation of proceedings by a person enjoying immunity from jurisdiction accordance with the provisions of the present Regulations shall precluded him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the claim.

Waiver of immunity from civil or administrative jurisdiction shall not imply waiver of immunity in respect of the execution of the judgment, for which a separate and explicit waiver by the Government of the sending State shall be necessary.

Article 17

Consular officers and members of the administrative or technical staff of the consular post shall be exempt from all dues and taxes, except:

(1)dues and taxes of a kind which are normally incorporated in the price of goods or services;

(2)dues or taxes on private immovable property situated in the territory of China, excepting that used as the consular premises;

(3)estate, succession or inheritance duties, except that movable property left in China by a deceased consular officer shall be exempt therefrom;

(4)dues and taxes on private income having its source in China, or

(5)charges levied for specific services rendered.

Members of the service staff of the consular post shall be exempt from dues and taxes on the wages they receive for their service in the consular post.

Article 18

Member of the consular post shall be exempt from all personal and public services as well as military obligations.

Consular officers and members of the administrative or technical staff of the consular post shall be exempt from all obligations under the laws and regulations of China in regard to the registration of aliens and residence permits.

Article 19

Imported articles for the official use of the consular post, those for the personal use of consular officers, and those for the personal use of members of the administrative or technical staff of the consular post, including articles intended for their establishment, imported within six months of the time of installation shall, in accordance with the relevant regulations of the Chinese Government, be exempt from customs duties and all other related dues and taxes with the exception of charges for storage, cartage and similar services.

Imported articles for the personal use of the consular officers and the members of the administrative or technical staff of the consular post referred to in the preceding paragraph shall not exceed the quantities necessary for their direct utilization.

The personal baggage of a consular officer shall be exempt from inspection, unless the competent Chinese authorities have serious reason to believe that it contains articles not within the exemptions provided for in the first paragraph of this Article, or the articles the import or export of which is prohibited or controlled by Chinese laws and government regulations.

Such inspection shall be conduction in the presence of the consular officer or of his authorized representative.

Article 20

The consular post and its members may carry firearms and bullets into or out of China for their personal use, subject to the approval of the Chinese Government and to its relevant regulations.

Article 21

The spouse and underage children of consular officers, of members of the administrative or technical staff of the consular post, or of members of the service staff of the consular post forming part of their respective households, except those who are nationals of China or aliens permanently residing in China, shall respectively enjoy the privileges and immunities accorded to the consular officers, the members of the administrative or technical staff of the consular post or the members of the service staff of the consular post in accordance with the provisions of Articles 7, 17, 18 or 19 of the present Regulations.

Article 22

Consular officers who are nationals of China or aliens permanently residing in Chain shall enjoy the privileges and immunities provided for in the present Regulations only in respect of acts performed in the course of official duties.

Members of the administrative or technical staff of the consular post and members of the service staff of the consular post who are nationals of China or aliens permanently residing in China shall not enjoy the privileges and immunities provided for in the present Regulations except that they shall have no obligation to give evidence concerning matters connected with the exercise of their functions.

Private attendants shall not enjoy the privileges and immunities provided for in the present Regulations.

Article 23

The following persons shall enjoy necessary immunity and inviolability during their transit through or sojourn in China:

(1)a consular officer stationed in a third State who passes through China together with his spouse and underage children forming part of his household, and

(2)a visiting foreign consular officer who has obtained a diplomatic visa from China or who holds a diplomatic passport of a State with which China has an agreement on the mutual exemption of visas.

Article 24

Persons enjoying consular privileges and immunities under the present Regulations shall:

(1)respect Chinese laws and regulations;

(2)not interfere in the internal affairs of China, and

(3)not use the premises of the consular post and the residence of members of the consular post for purposes in compatible with the exercise of consular functions.

Article 25

Consular officers shall not practise for personal profit any professional or commercial activity outside his official functions on Chinese territory.

Article 26

In case the consular privileges and immunities accorded by a foreign State to the Chinese consular post and its members in that State and to transitting or visiting Chinese consular officers stationed in a third State are different from those China would give under the present Regulations to the consular post of that State and its members in China and its transitting or visiting consular officers stationed in a third Stated, the Chinese Government may accord them such consular privileges and immunities as appropriate on a reciprocal basis.

Article 27

Where the international treaties to which China is a contracting or acceding party provide otherwise in respect of consular privileges and immunities, such provisions shall prevail, with exception of those on which China has declared reservations.

Where the bilateral treaties or agreements between China and other countries provide otherwise in respect of consular privileges and immunities, such provisions shall prevail.

Article 28

For the purposes of the present Regulations, the following expressions shall have the meanings hereunder assigned to them:

(1)"consular post" means any consulate-general, consulate, vice-consulate or consular agency;

(2)"consular district" means the area assigned to a consular post for the exercise of consular functions;

(3)"head of consular post" means the consul-general, consul, vice-consul or consular agent charged by the sending State with the duty of leading the consular post;

(4)"consular officer" means the consul-general, consul, vice-consul and consular attache or consular agent;

(5)"members of the administrative or technical staff of the consular post" mean the members of the staff of the consular post engaged in the administrative or technical work of the consular post;

(6)"members of the service staff" mean the members of the staff of the consular post engaged in the domestic service of the consular post;

(7)"members of the consular post" mean consular officers, members of the administrative or technical staff of the consular post and members of the service staff of the consular post;

(8)"private attendant" means an attendant in the private employment of a members of the consular post;

(9)"consular premises" mean the buildings or parts buildings and the land ancillary thereto used exclusively for the purposes of the consular post.

Article 29

The present Regulations shall enter into force as of the date of promulgation.